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Radiation Safety Act 1999
sec.139Improvement notices
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### sec.139 Improvement notices
This section applies if an inspector reasonably believes a person—
is contravening a provision of this Act; or
has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated.
The inspector may, by written notice (an improvement notice ) given to the person, require the person to remedy—
the contravention or likely contravention; or
the things or operations causing the contravention or likely contravention.
The improvement notice must state—
that the inspector believes the person—
is contravening a provision of this Act; or
has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and
the provision the inspector believes is being, or has been, contravened; and
briefly, how the provision is being, or has been, contravened; and
the reasonable steps the person must take to remedy the contravention or likely contravention; and
that the person must take the steps within a stated reasonable period.
The person must comply with the notice, unless the person has a reasonable excuse.
Maximum penalty for subsection (4) —100 penalty units.
(sec.139-ssec.1) This section applies if an inspector reasonably believes a person— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated.
(sec.139-ssec.2) The inspector may, by written notice (an improvement notice ) given to the person, require the person to remedy— the contravention or likely contravention; or the things or operations causing the contravention or likely contravention.
(sec.139-ssec.3) The improvement notice must state— that the inspector believes the person— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and the provision the inspector believes is being, or has been, contravened; and briefly, how the provision is being, or has been, contravened; and the reasonable steps the person must take to remedy the contravention or likely contravention; and that the person must take the steps within a stated reasonable period.
(sec.139-ssec.4) The person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty for subsection (4) —100 penalty units.
- (a) is contravening a provision of this Act; or
- (b) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated.
- (a) the contravention or likely contravention; or
- (b) the things or operations causing the contravention or likely contravention.
- (a) that the inspector believes the person— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and
- (i) is contravening a provision of this Act; or
- (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and
- (b) the provision the inspector believes is being, or has been, contravened; and
- (c) briefly, how the provision is being, or has been, contravened; and
- (d) the reasonable steps the person must take to remedy the contravention or likely contravention; and
- (e) that the person must take the steps within a stated reasonable period.
- (i) is contravening a provision of this Act; or
- (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and